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Patna High Court

Bharat Kumar @ TannuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Bharat Kumar, sought anticipatory bail after fearing arrest in a case under Sections 30(a) and 62 of the Bihar Prohibition and Excise Act, where 17.5 litres of illicit liquor was seized from a co‑accused who named him. The prosecution’s case relied mainly on a confessional statement, as no incriminating article was found in the petitioner’s possession. The petitioner argued innocence and highlighted the lack of material evidence, though he has a prior similar charge. The State opposed the bail, but the court noted the weak evidentiary basis and the petitioner’s lack of conscious possession. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the CrPC.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the only evidence is a confessional statement and no material is recovered from the petitioner?
  • Do Sections 30(a) and 62 of the Bihar Prohibition and Excise Act justify denial of anticipatory bail in the absence of direct possession?
  • Whether the petitioner’s prior similar charge affects the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39713 of 2026
                   Arising Out of PS. Case No.-119 Year-2026 Thana- Bikramganj Excise District- Rohtas
                 ======================================================
                 Bharat Kumar @ Tannu S/o Late Yugal Kishor Prasad R/o Village- Nasriganj
                 Mangal Bazar, Ward No.4, P.S- Nasriganj Dist- Rohtas

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Babu Nandan Prasad, Advocate
                 For the State            :        Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-06-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 30(a) and

                   62 of the Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 17.500 liters illicit country

                   made liquor was recovered from the house of co-accused Vikash

                   Kumar who disclosed the name of this petitioner.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. No incriminating article has been

                   recovered from conscious possession of this petitioner and he

                   has falsely been implicated in this case merely on the basis of

                   confessional statement. Save and except confessional statement,
             Patna High Court CR. MISC. No.39713 of 2026(2) dt.24-06-2026
                                                         2/2




                       there is no material on record to show the complicity of this

                       petitioner in the alleged offence. Petitioner has got one criminal

                       antecedent of similar nature in which he is already on bail.

                                     5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the nature of accusation and the fact

                       that no incriminating article has been recovered from conscious

                       possession of this petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Exclusive Special Judge,

                       Court No. 1, Rothas at Sasaram in connection with Bikramganj

                       P.S. Case No. 119 of 2026, subject to condition as laid down

                       under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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